ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  5 August 2019

	DOCKET NUMBER:  AR20180005092


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the character of his service as honorable instead of uncharacterized.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  DD Form 149 (Application for Correction of Military Record).

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that he feels as though this was an isolated incident with no prior indiscretions with exemplary service.  He feels that this does not warrant the status of his current discharge (uncharacterized). 

3.  A review of the applicant's service records shows:

	a.  He enlisted in the U.S. Amy Reserve (USAR) on 16 May 1987 for 8 years.  He entered active duty for training (ADT) on 25 June 1988.  He completed required training for award of military occupational specialty 19E (Armor Crewman) and he was released from ADT on 29 July 1988. 

	b.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was released from active duty on 29 July 1988 and transferred to Headquarter, 2nd Battalion 339th Regiment, 1st Brigade, Madison WI, following his completion of 1 month and 5 days of active service.  His DD Form 214 further shows in:

* item 24 (Character of Service), Uncharacterized, 
* item 25 (Separation Authority), Army Regulation 635-200, Chapter 4, 
* item 26 (Separation Code), LBK 
* item 28 (Narrative Reason for Separation), Completion of Period of Active Duty

	c.  His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to the 339th Regiment, Training Division.  He served as Operations Assistant Armor from 16 May 1987 to 20 June 1988 in Madison, WI and Fort Knox, KY, and Drill Sergeant from 14 February 1989 to 1 November 1993.  

	d.  The complete facts and circumstances surrounding his discharge from the USAR are not available for review.  His records contain: 

		(1)  On 7 June 1994, a DA Form 268, (Report to Suspend Favorable Personnel Actions (FLAG)) was initiated against the applicant.  He was pending elimination from military service.  

		(2)  On 8 June 1994, the applicant’s commander mailed him a memorandum of acknowledgement that discusses the character of service that he will receive in accordance with his separation and his acknowledgement of rights.  The commander also informed him that his acknowledgement of the memorandum is required within 30 calendar days of receipt and it was mailed certified to show that he was notified.  

		(3)  On 28 October 1994, Orders 95-019-030, issued by Headquarters, USAR Command, ordered the applicant's discharge from the USAR under the authority of Army Regulation 135-178 (Army National Guard (ARNG) and Army Reserve – Enlisted Administrative Separations), effective 28 November 1994 with an under other than honorable conditions discharge. 

5.  There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations. 

6.  As for his uncharacterized separation in July 1998, by regulation (AR 635-200): 

	a.  An uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. 

	b.  Entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.  A general discharge is not authorized

	c.  An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization

7.  As for his discharge from the USAR in November 1994, by regulation (AR 135-178), the regulation provides for the separation of enlisted Soldiers for a variety of reasons including misconduct (minor disciplinary infractions; a pattern of misconduct; commission of a serious offense), unsatisfactory participation, being absent without leave, and several other reasons. 

8.  In reaching its determination, the Board can consider the applicants’ petition in his service record in accordance with published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  He completed a period of active duty while conducting initial entry training (IET).  He was awarded a MOS at the completion of IET and was transferred back to the USAR.  Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority.  Based upon regulatory guidance, the Board agreed the DD Form 214 should show his character of service as honorable.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing him a DD Form 214 for the period ending 29 July 1988 showing his character of service as Honorable.
	 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) describes the different types of characterization of service.  It states that an uncharacterized separation is an entry-level separation.

	a.  A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  Entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.

	b.  Paragraph 3-7(a) provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

3.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her active military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

4.  Army Regulation 135-178 (Reserve Components Separation of Enlisted Personnel), establishes policies, standards, and procedures governing the administrative separations of certain enlisted Soldiers of the Army National Guard of the United States and the USAR.

	a.  Paragraph 2-9a (Honorable Discharge) states that an honorable characterization of service is appropriate when the quality of the Soldiers service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would clearly be inappropriate.

	b.  Paragraph 2-9b (General Discharge) states if a Soldier's service has been honest and faithful, it is appropriate characterize that service under honorable conditions.  Characterization of service as a general (under honorable conditions) is warrant when significant negative aspect of the Soldiers conduct or performance of duty outweighs positive aspects of the Soldier's military record.

5.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations.  Clemency generally refers to relief specifically granted from a criminal sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment.  Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180005092


4


1